Benefits Overpayment - Please help!!!!

carleyp

I was made redundant from my previous job on 9th July 2010. I went straight to the job centre and was told I HAD to claim jobseekers allowance for them to help me get back into work. So I did. I was entitled to £51.85 a week. They also advised I claim housing benefits to help me pay my rent. My partner and I were renting privatley at the time. So I went to the council, told them everything, how much my partner earned, how much our rent was, what our other outgoings were, that I was claiming job seekers etc. I told the honest truth. I wasn't planning on claiming for long as I wanted to get back into work ASAP.

So, I started looking for work, going to several interviews a week.
I got a job and was due to start on 1st Sep 2010. Sorted..

Here is a list of ALL transactions from job seekers and housinf benefits which were made to me.

28 Jul CR DWP JSA 44.45
28 Jul CR DACORUM BC 22.75
17 Aug CR DWP JSA 51.85
25 Aug CR DACORUM BC 91.00
03 Sep CR DWP JSA 111.11

I told both job seekers and the council I was due to start work so I cancelled both claims and thought that was it. But no.

My partner and I moved house later on. I went back to the old flat to check of any post and I had received a letter in November from the council stating that I owed them £45.5o as I had been overpaid benefits between 19 July 2010 - 01 Aug 2010. But I was out of work then?!!?

I called to say that there had been a mistake only to be told that this was correct. Apparently, because I was claiming jobseekers, I was NOT entitled to housing benefits?! But I had told them EVERYTHING, they knew what I was recieving and they told ME I was entitled to X amount!?

I am very confused and I recived another "Final Reminder" from them saying that they will take legal action if I dont cough up!

What do I do?! Who is right?

Please please help me!!

Indie_Kid

Were you receiving income based JSA?

How were the claims cancelled? Did you phone or put it in writing that you started work?

carleyp

It was a contribution based jobseekers allowance. I cancelled them both in writing and gave both a copy of the letter I got from my new job stating the start date

pebbles88

hiya, first things first.

please edit your post to remove your national insurance number of your payment list. don't put personal details on here or anywhere on the web. x

ok - its worth remembering that the council DO make mistakes..... in my job i see so much nonsense from them each day its quite unnerving! it may be that you have to take this a bit further and complain.

I know normally contribution based JSA doesn't normally qualify (but income based 'normally' does) for housing benefit & council tax benefit.but each case if differnt.

but if you told them everything at the start, i presume you had to take your award letter from JSA to them as well? from what i remember when trying to get council tax help when i was claiming you have to supply them with a lot of info, and normally some blood too (only joking there!)

if they have had all this info, and still awarded you, then it isn't your fault they have paid out anyway.

since late 2009 a lot of info from your claim will have been passed over by the jobcentre as they started doing the initial gather during claims to help out the local authority's and to save you having to supply all the evidence twice IYSWIM.

i would ask (perhaps in writing) for the reasons of exactly why you weren't entitled to help, when they are the ones that made the decision that you are, when they had all the information at the time to make their decision. it might be worth contacting your local welfare rights, or floating support (can be accessed through local councils website) they can give impartial help, CAB can help too - but its getting in with them!

Call the council first thing tuesday - ask for the address for formal complaints and what their complaints process is. they really really do not like bad publicity - i just don't understand how they can change their minds willie nillie. :mad: its peoples lives they mess about with here!

Flyboy152

Wasn't there a recent case at the supreme court that confirmed the principle that many of the mistakes made by the DWP do not have to be repaid?

pebbles88

Flyboy152 wrote: »

Wasn't there a recent case at the supreme court that confirmed the principle that many of the mistakes made by the DWP do not have to be repaid?

it's not the DWP that pay housing/council tax benefit though - it's the local authority/council.

AsknAnswer2

Flyboy152 wrote: »

Wasn't there a recent case at the supreme court that confirmed the principle that many of the mistakes made by the DWP do not have to be repaid?

That applies to only some benefits from DWP and HMRC. Housing Benefit and Council Tax benefit are not covered by that decision.

In accordance with the regulations, official error overpayments can only be recovered if the claimant (or person acting on behalf of) could have reasonably been expected to realise that it was an overpayment.

If he could not have been reasonably expeced to know it was an overpayment, it is not a recoverable overpayment, and he should appeal against the decision to recover.

See here

Flyboy152

AsknAnswer2 wrote: »

That applies to only some benefits from DWP and HMRC. Housing Benefit and Council Tax benefit are not covered by that decision.

In accordance with the regulations, official error overpayments can only be recovered if the claimant (or person acting on behalf of) could have reasonably been expected to realise that it was an overpayment.

If he could not have been reasonably expeced to know it was an overpayment, it is not a recoverable overpayment, and he should appeal against the decision to recover.

See here

I thought the OP was discussing JSA as well as housing benefit, I misread the OP.

paadzer

If they are correct remember it's only a small amount and they won't take legal action against you and you can pay it off in instalments and I will message you a little secret

Victoriajayne

When you were made redundant, did your former employer make a payment to cover a period of notice that they didn't require you to work ?
If so, it's possible that you may not actually be entitled to help for the period that notice pay applied to, either with JSA or housing benefit.
Others will hopefully be able to confirm that or correct me !!! :-)
From the figures you have given, they don't seem to have paid you the correct amount of JSA either (possibly too little ??) - again, this depends on whether you got pay in lieu of notice.